Legal Opinion

Wolf v. Smith

Supreme Court of Alabama

Decided December 20, 1906PublishedCited by 24 opinions

Appeal from Jefferson Circuit Court. ' Heard'before Hon. A. A. Coleman. Action by D. C. Wolf against R' D. S'mtih. From a judgment for defendant, plaintiff appeals. This was an action for damages.

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Appeal from Jefferson Circuit Court. ' Heard'before Hon. A. A. Coleman. Action by D. C. Wolf against R' D. S'mtih. From a judgment for defendant, plaintiff appeals. This was an action for damages. The complaint contains five counts, the first of which is in the following language: “Plaintiff claims of the defendant $20,000 damages, in this: That on and prior to the Sd day of February, 1904, tlie defendant was engaged in operating Bradford Mines, in Jefferson county, Alabama; that on the date aforesaid plaintiff was in the employment of the defendant, and while in a discharge of his duties,…

1Opinion of the Court

DENSON, J. —

This action sounds in damages for a personal injury suffered by the plaintiff in the employment of the defendant. The first count of the complaint is framed with respect to the commón-law liability of the master, and ascribes the injury to the negligence of the master in failing to provide a reasonably safe place for plaintiff to do the work'he was employed to do. It is true a complaint in suits of this character must show sufficient causal connection between the act complained of and the injury. While the averments of the complaint- are general, yet, under the numerous…

2Cases cited9 opinions

  1. Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
  2. Millett v. PeopleIllinois Supreme Court · 1886
  3. Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
  4. State v. HarringtonSupreme Court of Vermont · 1896
  5. People v. SmithMichigan Supreme Court · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
  2. City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
  3. Morley v. Cleveland, Cincinnati, Chicago & St. Louis RailroadIndiana Court of Appeals · 1935
  4. DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912
  5. Strahl v. MillerNebraska Supreme Court · 1915

19 more not listed; retrieve them via the Exa API.

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